Most Workers Employees Under FLSA, DOL Guidance Says

Law360, New York (July 15, 2015, 6:02 AM EDT) -- The U.S. Department of Labor issued guidance Wednesday aimed at curbing the misclassification of employees as independent contractors, saying that most workers qualify as employees under the Fair Labor Standards Act and stressing the statute's expansive definition of employment.

DOL Wage and Hour Division head David Weil's 15-page “administrator's interpretation” pointed out that employees improperly labeled as independent contractors may miss out on things like minimum wage and overtime pay, and added that correct classification has “critical implications” for the legal protections workers receive, particularly low-wage workers.

Under the FLSA, the key question is whether a worker is genuinely in business...

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